This text comprises cutting-edge research on one of the greatest global challenges: the failure to address systematic economic and social exclusion, and attendant violations of economic and social rights (ESR), as a driver of conflict. The text explores what the UN's obligation to maintain international peace and security can mean when it is informed by the requirement to protect and promote ESR, rights that play a crucial role in maintaining international peace and security but which are often overlooked. The book considers the extent to which Security Council mandated peace operations have been informed by human rights and efforts to promote economic and social development. The approach is to analyse the extent to which the Security Council has interacted with the General Assembly, the Economic and Social Council as well as other Charter-based mechanisms such as the Human Rights Council, and its predecessor, with particular reference to the role of the Special Procedure Mechanisms. The role of the UN High Commissioner for Human Rights is also considered. In this way, the text shows that the connection between peace and security and human rights is well recognised by these organs. In addition, the text considers States’ ESR obligations stemming from the extraterritorial application of such rights in the context of peace operations. Given that States’ obligations stemming from ESR have often been neglected, the book examines how such provision could be improved using ESR-grounded plans reflecting the rights to health, food, water, education, work and life. The text concludes with a call to reimagine what international peace and security can look like when it is informed by the need to recognise the emergence of post-conflict legal obligations based on broader concepts of international peace and security that draw from ESR. This text will appeal to legal scholars, policy advisors, members of the military, those working in the area of development, NGOs and final-year undergraduate and/or postgraduate students working in the areas of international law, political science and international relations, and associated fields of research.
Table of Contents:
Contents
Preface
Acknowledgements
Dedication
Introduction
Chapter 1: The Significance of Economic and Social Rights to Peace and Security
1. Introduction
2. The Relationship between Economic and Social Conditions and a Stable Domestic and International Order
3. Economic and Social Progress: Introducing a Role for Human Rights
4. Economic and Social Rights in International Law
4.1. The Content of Economic and Social Rights: Some Recurring Themes
4.2. Frameworks for Effective Realisation
4.3. The Nature of States’ Obligations
4.3.1. Challenges to the Existence of States’ Obligations: Questions of Enforceability and Cost
4.3.2. Affirming and Explaining the Nature of States’ Obligations: the Obligations to Respect, Protect and Fulfil
5. The Rights to Equality and Non-Discrimination: Fundamental Principles for Economic and Social Rights
6. Monitoring Economic and Social Rights: the Nature and Role of Indicators
7. Conclusion
Chapter 2: Peace and Security, Socio-Economic Progress, and Human Rights: the Inseparable Roles of the Security Council, the General Assembly and the ECOSOC
1. Introduction
2. Security Council Relations with the General Assembly and the ECOSOC
2.1. The General Assembly
2.2. The ECOSOC
2.3. Staking Out the Relationship between the Security Council, the General Assembly and the ECOSOC
3. Human Rights Mechanisms: Cementing the Nexus between the Security Council, the General Assembly and the ECOSOC
3.1. The Human Rights Council’s Special Procedures Mechanism at the Security Council
3.2 The United Nations High Commissioner for Human Rights
4. The Peacebuilding Commission: Supporting the Nexus between the Security Council, the General Assembly and the ECOSOC
5. Conclusion
Chapter 3: Peacebuilding and Peace Operations: the Nexus of Peace, Economic and Social Progress and Human Rights
1. Introduction
2. Peacebuilding within the Security Council: the Economic and Social Dimensions of International Peace and Security
3. Peacekeeping Operations as a Peacebuilding Tool
4. The Role of Human Rights in Peacekeeping and Peacebuilding
5. Peacebuilding Critiqued: The Marginalisation of Socio-Economic Conditions as an Aspect of Peacebuilding
6. Conclusion
Chapter 4: Economic and Social Rights in Peacebuilding and Peacekeeping: A Measurable Legal Basis for the Economic and Social Dimensions of Peace
1. Introduction
2. The Extraterritorial Application of Economic and Social Rights
3. The Extraterritorial Application of the Rights to Food and Water, Health, Education and Work by Contributing States
4. Measuring the Impact of Economic and Social Rights in Peacekeeping Operations: the Added Value of Human Rights Indicators
5. Human Rights Indicators as a Measure of Compliance of Contributing States’ Extraterritorial Obligations
5.1. Structural, Process and Outcome Indicators Measuring the Rights to Food, Health and Work
5.2. The Rights to Water and Education: the AAAQ and AAAA Frameworks
5.3. ‘Survival’ Rights and the Right to Life
5.4. Indicators on the Rights to Equality and Non-Discrimination
6. Conclusion
Chapter 5: Reimagining Peace and Security in the Post-Conflict Environment
1. Introduction
2. Jus Post Bellum as a Philosophical Construct
3. Positive Peace and Human Security as Collective Security
4. Economic and Social Rights in the Post-Conflict Environment: the Importance of Accountability
5. Conclusion
Conclusion
